By: Montford S.B. No. 1504
A BILL TO BE ENTITLED
AN ACT
1-1 relating to failure to appear on a complaint, citation, or court
1-2 order to pay a fine for a violation of a traffic law.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Chapter 1, Title 116, Revised Statutes, is
1-5 amended by adding Article 6687d to read as follows:
1-6 Art. 6687d. DENIAL OF RENEWAL OF LICENSE FOR FAILURE TO
1-7 APPEAR
1-8 Sec. 1. DEFINITIONS. In this article:
1-9 (1) "Complaint" means a notice of an offense as
1-10 described by Article 27.14(d) or 45.01, Code of Criminal Procedure.
1-11 (2) "Department" means the Department of Public Safety
1-12 of the State of Texas.
1-13 (3) "Driver's license" has the meaning assigned by
1-14 Section 1, Chapter 173, Acts of the 47th Legislature, Regular
1-15 Session, 1941 (Article 6687b, Vernon's Texas Civil Statutes).
1-16 (4) "Political subdivision" means a municipality or
1-17 county.
1-18 (5) "Traffic law" means a statute or ordinance, a
1-19 violation of which is a misdemeanor punishable by a fine in an
1-20 amount that may not exceed $1,000, that regulates a driver's
1-21 conduct or condition while operating a motor vehicle, or the
1-22 condition of a motor vehicle while it is being operated, on a
1-23 street, road, or highway of this state.
1-24 Sec. 2. AUTHORITY TO CONTRACT. (a) A political subdivision
2-1 may contract with the department to provide information necessary
2-2 for the department to deny renewal of the driver's license of a
2-3 person who has failed to appear for a complaint, citation, or court
2-4 order to pay a fine involving a violation of a traffic law.
2-5 (b) A contract under this section must be made in accordance
2-6 with Chapter 791, Government Code. A contract made under this
2-7 section is subject to the ability of the parties to provide or pay
2-8 for the services required under the contract.
2-9 Sec. 3. WARNING ON CITATION. (a) If a political
2-10 subdivision has contracted with the department under this article,
2-11 a peace officer who is authorized to issue citations in the
2-12 jurisdiction of the political subdivision shall issue a written
2-13 warning to each person to whom the officer issues a citation for a
2-14 violation of a traffic law in the jurisdiction of the political
2-15 subdivision. The warning is in addition to any other warning
2-16 required by law. The warning must state in substance that if the
2-17 person fails to appear in court as provided by law for the
2-18 prosecution of the offense, the person may be denied renewal of the
2-19 person's driver's license.
2-20 (b) A written warning required by this section may be
2-21 printed on the same instrument as the citation.
2-22 Sec. 4. DENIAL OF RENEWAL OF DRIVER'S LICENSE; DISPOSITION
2-23 OF FEES. (a) If a political subdivision has contracted under this
2-24 article with the department, on receiving the necessary information
2-25 from the political subdivision, the department may deny renewal of
2-26 the person's driver's license for failure to appear based on a
2-27 complaint, citation, or court order to pay a fine involving a
3-1 violation of a traffic law. The information must include the name,
3-2 date of birth, and driver's license number of the alleged violator,
3-3 the nature and date of the alleged violation, a statement that the
3-4 person failed to appear as required by law for a traffic violation,
3-5 and any other information required by the department.
3-6 (b) A political subdivision shall notify the department that
3-7 there is no cause to continue to deny renewal of a person's
3-8 driver's license based on the person's previous failure to appear
3-9 for a traffic violation, on payment of a fee as provided by this
3-10 article and:
3-11 (1) the entry of a judgment against the person;
3-12 (2) the perfection of an appeal of the case for which
3-13 the warrant of arrest was issued;
3-14 (3) the dismissal of the charges for which the warrant
3-15 of arrest was issued;
3-16 (4) acquittal of the charges on which the person
3-17 failed to appear;
3-18 (5) the posting of bond or the giving of other
3-19 security to reinstate the charges for which the warrant was issued;
3-20 or
3-21 (6) the payment of fines owed on an outstanding court
3-22 order to pay a fine.
3-23 (c) Unless a person has been acquitted of the underlying
3-24 traffic offense for which the person failed to appear for a
3-25 complaint, citation, or court order to pay a fine involving a
3-26 violation of a traffic law, the political subdivision shall require
3-27 the person to pay an administrative fee of $30 for each violation
4-1 for which the defendant failed to appear, in addition to any other
4-2 fees required by law.
4-3 (d) An officer collecting fees due under this article shall
4-4 keep separate records of the funds collected under this article and
4-5 shall deposit the funds in the appropriate municipal or county
4-6 treasury. The custodian of the municipal or county treasury may
4-7 deposit fees collected under this article in an interest-bearing
4-8 account and retain for the municipality or county the interest
4-9 earned on the account. The custodian shall keep records of funds
4-10 received and disbursed under this article and shall provide a
4-11 yearly report of all funds received and disbursed to the
4-12 comptroller, to the department, and to other entities as provided
4-13 by interlocal contract. The comptroller shall approve the form of
4-14 the report.
4-15 (e) The custodian of a municipal or county treasury shall
4-16 remit $20 of each fee collected under this article to the
4-17 comptroller on or before the last day of each calendar quarter and
4-18 retain $10 of each fee collected under this article for deposit to
4-19 the credit of the general fund of the municipal or county treasury.
4-20 The comptroller shall deposit $10 of each fee collected under this
4-21 article to the credit of the department for its use in the
4-22 implementation of this article. The remainder of all amounts
4-23 received by the comptroller under this article shall be deposited
4-24 to the credit of the general revenue fund.
4-25 Sec. 5. CONTRACT WITH PRIVATE VENDOR. The department may
4-26 contract with a private vendor to implement this article. The
4-27 vendor performing a contract under this article may be compensated
5-1 by political subdivisions that have contracted with the department
5-2 under this article. Except for an action taken based on a citation
5-3 issued by a peace officer employed by the department, the vendor
5-4 may not be compensated by state funds. A vendor must establish and
5-5 maintain customer support services as directed by the department,
5-6 including a toll-free telephone service line to answer and resolve
5-7 questions from persons who are denied renewal of a driver's license
5-8 under this article. The vendor shall comply with terms, policies,
5-9 and administrative rules established by the department to
5-10 administer this article.
5-11 Sec. 6. IMMUNITY FROM SUIT AND DAMAGES. A cause of action
5-12 for damages may not be brought against the state or a political
5-13 subdivision, and the state or political subdivision may not be held
5-14 liable in damages based on denial of renewal of a driver's license
5-15 or any other act or omission under this article.
5-16 Sec. 7. RULES. The department may adopt rules to implement
5-17 this article.
5-18 SECTION 2. Subsection (b), Section 22, Chapter 173, Acts of
5-19 the 47th Legislature, Regular Session, 1941 (Article 6687b,
5-20 Vernon's Texas Civil Statutes), is amended to read as follows:
5-21 (b) Except for the fifth (5th), eleventh (11th), thirteenth
5-22 (13th) <twelfth (12th)>, fourteenth (14th), and fifteenth (15th)<,
5-23 and sixteenth (16th)> listed grounds in this subsection, for which
5-24 the director has authority to revoke a license, the authority to
5-25 suspend the license of any driver as authorized in this Section is
5-26 granted the director upon determining that the person:
5-27 (1) has operated a motor vehicle on a highway while
6-1 the person's license was suspended, revoked, canceled,
6-2 disqualified, or denied;
6-3 (2) has been responsible as a driver for any accident
6-4 resulting in death;
6-5 (3) is an habitual reckless or negligent driver of a
6-6 motor vehicle;
6-7 (4) is an habitual violator of the traffic law.
6-8 The term "habitual violator" as used herein, shall mean any
6-9 person with four (4) or more convictions arising out of different
6-10 transactions in a consecutive period of twelve (12) months, or
6-11 seven (7) or more convictions arising out of different transactions
6-12 within a period of twenty-four (24) months, such convictions being
6-13 for moving violations of the traffic laws of any state or its
6-14 political subdivisions other than a violation of:
6-15 (A) Section 3 or 5, Chapter 42, General Laws,
6-16 Acts of the 41st Legislature, 2nd Called Session, 1929 (Article
6-17 6701d-11, Vernon's Texas Civil Statutes);
6-18 (B) Chapter 293, Acts of the 53rd Legislature,
6-19 Regular Session, 1953 (Article 6701d-12, Vernon's Texas Civil
6-20 Statutes);
6-21 (C) Chapter 608, Acts of the 65th Legislature,
6-22 Regular Session, 1977 (Article 6701d-12a, Vernon's Texas Civil
6-23 Statutes);
6-24 (D) Chapter 73, Acts of the 54th Legislature,
6-25 Regular Session, 1955 (Article 6701d-13, Vernon's Texas Civil
6-26 Statutes);
6-27 (E) Chapter 212, Acts of the 56th Legislature,
7-1 Regular Session, 1959 (Article 6701d-14, Vernon's Texas Civil
7-2 Statutes);
7-3 (F) Chapter 8, Acts of the 62nd Legislature,
7-4 Regular Session, 1971 (Article 6701d-17, Vernon's Texas Civil
7-5 Statutes); or
7-6 (G) Section 107C, Uniform Act Regulating Traffic
7-7 on Highways (Article 6701d, Vernon's Texas Civil Statutes);
7-8 (5) is incapable of safely driving a motor vehicle;
7-9 (6) has permitted an unlawful or fraudulent use of
7-10 such license;
7-11 (7) has committed an offense in another state, which
7-12 if committed in this State would be grounds for suspension or
7-13 revocation;
7-14 (8) has violated a restriction or endorsement imposed
7-15 on the use of the license;
7-16 (9) has been responsible as a driver for any accident
7-17 resulting in serious personal injury or serious property damage;
7-18 (10) is the holder of a provisional license under
7-19 Section 11A of this Act and has been convicted of two (2) or more
7-20 moving violations committed within a period of twelve (12) months;
7-21 (11) has not complied with the terms of a citation
7-22 issued by a jurisdiction that is a member of the Nonresident
7-23 Violator Compact of 1977 for a violation to which the compact
7-24 applies;
7-25 (12) <has a warrant of arrest outstanding, for failure
7-26 to appear or pay a fine on a complaint, that is issued by a
7-27 political subdivision that has contracted with the Department under
8-1 Article 6687c, Revised Statutes;>
8-2 <(13)> has committed an offense under Section 186,
8-3 Uniform Act Regulating Traffic on Highways (Article 6701d, Vernon's
8-4 Texas Civil Statutes);
8-5 (13) <(14)> has failed to provide medical records or
8-6 has failed to undergo medical or other examinations as required by
8-7 a panel of the Medical Advisory Board;
8-8 (14) <(15)> has failed to take, or failed to pass, any
8-9 examination required by the director under this Act; or
8-10 (15) <(16)> has been reported by a court under Section
8-11 1c or 2(a), Chapter 302, Acts of the 55th Legislature, Regular
8-12 Session, 1957 (Article 6701l-4, Vernon's Texas Civil Statutes), for
8-13 failure to appear or default in payment of a fine unless the court
8-14 has filed an additional report on final disposition of the case.
8-15 SECTION 3. Section 28A, Chapter 173, Acts of the 47th
8-16 Legislature, Regular Session, 1941 (Article 6687b, Vernon's Texas
8-17 Civil Statutes), is amended to read as follows:
8-18 Sec. 28A. AUTHORITY TO DENY RENEWAL OF <REFUSAL TO ISSUE>
8-19 LICENSE. The <After a hearing in the manner provided by Section 22
8-20 of this Act, the> Department is authorized to deny renewal of the
8-21 driver's license <revoke the driving privilege> of a person who was
8-22 issued a warning by a peace officer as provided by <employed by a
8-23 state agency or by a political subdivision that has contracted with
8-24 the Department under> Article 6687d <6687c>, Revised Statutes, and
8-25 for whom the Department has received the information required by
8-26 that article. A denial of renewal <If the Department revokes a
8-27 driving privilege as provided by this section, the Department shall
9-1 prohibit the person from obtaining a driver's license. A
9-2 prohibition> expires on notification of the Department by a
9-3 political subdivision under Subsection (b), Section 4 <5>, Article
9-4 6687d <6687c>, Revised Statutes, that there is no cause to continue
9-5 to deny the renewal based on that person's previous failure to
9-6 appear for a complaint, citation, or court order to pay a fine
9-7 involving a violation of a traffic law <to reinstate the person's
9-8 driving privilege>.
9-9 SECTION 4. Subsection (a), Section 34, Chapter 173, Acts of
9-10 the 47th Legislature, Regular Session, 1941 (Article 6687b,
9-11 Vernon's Texas Civil Statutes), as amended by Chapters 796 and 886,
9-12 Acts of the 73rd Legislature, 1993, is amended to read as follows:
9-13 (a) A person commits an offense if the person operates a
9-14 motor vehicle on a highway:
9-15 (1) after the person's driver's license has been
9-16 cancelled under this Act and the person does not have a valid
9-17 license that was subsequently issued under this Act;
9-18 (2) during a period that a suspension or revocation,
9-19 imposed under this Act, Chapter 434, Acts of the 61st Legislature,
9-20 Regular Session, 1969 (Article 6701l-5, Vernon's Texas Civil
9-21 Statutes), Article 6687b-1, Revised Statutes, or Article 42.12,
9-22 Code of Criminal Procedure, of the person's driver's license or
9-23 privilege is in effect; <or>
9-24 (3) while the person's driver's license is expired, if
9-25 the license expired during a period of suspension imposed under
9-26 this Act, Chapter 434, Acts of the 61st Legislature, Regular
9-27 Session, 1969 (Article 6701l-5, Vernon's Texas Civil Statutes),
10-1 Article 6687b-1, Revised Statutes, or Article 42.12, Code of
10-2 Criminal Procedure; or
10-3 (4) after renewal of the person's driver's license has
10-4 been denied under Article 6687d, Revised Statutes, and the person
10-5 does not have a valid driver's license that was subsequently issued
10-6 under this Act.
10-7 SECTION 5. Sections 2 and 3, Article 6687c, Revised
10-8 Statutes, are amended to read as follows:
10-9 Sec. 2. Authority to Contract. (a) A political subdivision
10-10 may contract with the county in which the subdivision is located or
10-11 the Texas <State> Department of <Highways and Public>
10-12 Transportation to provide the county or agency with information
10-13 necessary for the county, with the consent of the tax
10-14 assessor-collector, or agency to refuse to register or reregister a
10-15 motor vehicle owned by a person for whom a warrant of arrest is
10-16 outstanding for failure to appear or pay a fine on a complaint
10-17 involving a violation of a traffic law.
10-18 (b) <A political subdivision may contract with the
10-19 Department of Public Safety to provide the agency with information
10-20 necessary for the agency to revoke the driver's license, permit, or
10-21 privilege of a person for whom a warrant of arrest is outstanding
10-22 for failure to appear or pay a fine on a complaint involving a
10-23 violation of a traffic law.>
10-24 <(c)> A contract under this section must be made in
10-25 accordance with Chapter 791, Government Code <The Interlocal
10-26 Cooperation Act (Article 4413(32c), Vernon's Texas Civil
10-27 Statutes)>. A contract made under this section is subject to the
11-1 ability of the parties to provide or pay for the services required
11-2 under the contract.
11-3 Sec. 3. Warning on Citation. (a) If a political
11-4 subdivision has contracted with a county or state agency under this
11-5 article, a peace officer who is authorized to issue citations in
11-6 the political subdivision shall issue a written warning to each
11-7 person to whom the officer issues a citation for a violation of a
11-8 traffic law in the political subdivision.
11-9 (b) If a contract is made under <Subsection (a) of> Section
11-10 2 of this article, the warning must state that if the person fails
11-11 to appear in court, as provided by law, for the prosecution of the
11-12 offense or to pay a fine for the violation, the person might not be
11-13 permitted to register or reregister a motor vehicle in this state.
11-14 (c) <If a contract is made under Subsection (b) of Section 2
11-15 of this article, the warning must state that:>
11-16 <(1) if the person has a driver's license or permit
11-17 and the person fails to appear in court, as provided by law, for
11-18 the prosecution of the offense or to pay a fine for the violation,
11-19 the license or permit is subject to revocation; and>
11-20 <(2) if the person does not have a driver's license
11-21 but is driving under a privilege authorized by state law, and the
11-22 person fails to appear in court, as provided by law, for the
11-23 prosecution of the offense or to pay a fine for the violation:>
11-24 <(A) the person's privilege to operate a motor
11-25 vehicle is subject to revocation; and>
11-26 <(B) the person may become ineligible to be
11-27 issued a driver's license in this state.>
12-1 <(d) If a contract is made under both Subsections (a) and
12-2 (b) of Section 2 of this article, the warning must contain all the
12-3 information required by Subsections (b) and (c) of this section.>
12-4 <(e)> A written warning issued under this section may be
12-5 printed on the same instrument as the citation.
12-6 SECTION 6. Subsection (a), Section 4, Article 6687c, Revised
12-7 Statutes, is amended to read as follows:
12-8 (a) If a political subdivision has contracted under this
12-9 article with the county in which the subdivision is located or the
12-10 Texas <State> Department of <Highways and Public> Transportation,
12-11 on receiving the necessary information from the political
12-12 subdivision, the tax assessor-collector of that county or the
12-13 department may refuse to register or reregister a motor vehicle
12-14 that is owned by a person for whom a warrant of arrest issued by
12-15 that political subdivision is outstanding for failure to appear or
12-16 pay a fine on a complaint involving a violation of a traffic law.
12-17 SECTION 7. Section 5, Article 6687c, Revised Statutes, is
12-18 repealed.
12-19 SECTION 8. Section 1c, Chapter 302, Acts of the 55th
12-20 Legislature, Regular Session, 1957 (Article 6701l-4, Vernon's Texas
12-21 Civil Statutes), is amended to read as follows:
12-22 Sec. 1c. Nonappearance. A court shall report to the
12-23 Department of Public Safety any minor charged with a traffic
12-24 offense under this Act who does not appear before the court as
12-25 required by law. In addition to any other action or remedy
12-26 provided by law, the department may deny renewal of the minor's
12-27 driver's license as provided by Article 6687d, Revised Statutes,
13-1 and Section 28A, Chapter 173, Acts of the 47th Legislature, Regular
13-2 Session, 1941 (Article 6687b, Vernon's Texas Civil Statutes). A
13-3 court that has filed a report under this section shall report to
13-4 the Department of Public Safety on final disposition of the case.
13-5 SECTION 9. (a) The change in law made by this Act applies
13-6 only to an offense occurring on or after the effective date of this
13-7 Act. For purposes of this section, an offense is committed before
13-8 the effective date of this Act if any element of the offense occurs
13-9 before that date.
13-10 (b) An offense committed before the effective date of this
13-11 Act is covered by the law in effect when the offense was committed,
13-12 and the former law is continued in effect for that purpose.
13-13 SECTION 10. This Act takes effect September 1, 1995.
13-14 SECTION 11. The importance of this legislation and the
13-15 crowded condition of the calendars in both houses create an
13-16 emergency and an imperative public necessity that the
13-17 constitutional rule requiring bills to be read on three several
13-18 days in each house be suspended, and this rule is hereby suspended.
13-19 COMMITTEE AMENDMENT NO. 1
13-20 Amend SB 1504 by adding a new paragraph at the end of
13-21 Sec. 5. CONTRACT WITH PRIVATE VENDOR, to read as follows;
13-22 "Data collected as provided herein by the vendor, shall not
13-23 be used by any party other than the Department, the political
13-24 subdivision, and the vendor as provided for herein."
13-25 Carter
13-26 COMMITTEE AMENDMENT NO. 2
13-27 Amend S.B. 1504 by adding the following appropriately
14-1 numbered section to read as follows and renumbering subsequent
14-2 sections accordingly:
14-3 SECTION ____. Section 144, Uniform Act Regulating Traffic on
14-4 Highways (Article 6701d, Vernon's Texas Civil Statutes), is amended
14-5 by amending Subsection (b) and adding Subsections (f) and (g) to
14-6 read as follows:
14-7 (b) In each fiscal year, a municipality may retain, from
14-8 fines collected for violation of any highway law as set forth in
14-9 this Act and from special expenses collected under Article 45.54,
14-10 Code of Criminal Procedure, in cases in which such violation is
14-11 alleged, an amount equal to 30 percent of the municipality's
14-12 revenue for the preceding fiscal year from all sources, other than
14-13 federal funds and bond proceeds, as shown by the audit performed
14-14 under Section 103.001, Local Government Code. After a municipality
14-15 has retained that amount, the municipality shall send to the state
14-16 treasurer any portion of a fine or special expense collected that
14-17 exceeds one dollar ($1). The state treasurer shall deposit funds
14-18 received under this section in the state treasury to the credit of
14-19 the general revenue fund.
14-20 (f) A municipality retaining amounts under Subsection (b)
14-21 shall provide to the state treasurer not later than the 120th day
14-22 after the last day of the municipality's fiscal year:
14-23 (1) a copy of its financial statement prepared for
14-24 that fiscal year and filed as required by Chapter 103, Local
14-25 Government Code; and
14-26 (2) a report that indicates the total amount collected
14-27 for that fiscal year under Subsection (b).
15-1 (g) The treasurer shall enforce the limitation on the amount
15-2 a municipality may retain under Subsection (b).
15-3 Madden